Quantcast
Home (page 2)

Tag Archives: Civil Practice

Fraudulent transfer claim still timely after arbitration (access required)

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

Read More »

Amount in controversy in title company dispute sufficient (access required)

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

Read More »

No bases shown for removing medical device case to federal court (access required)

A plaintiff who alleges he suffered injuries during spinal fusion surgery did not abandon his claims against non-diverse defendants, and because the removal occurred more than one year after the suit was filed in state court without a showing of ...

Read More »

Choice of venue clause required remand to state court (access required)

By irrevocably consenting to the jurisdiction of the court in which the proceeding is brought, a sports agent with Paramount Sports & Entertainment Management effectively consented to state court jurisdiction, where the dispute over commissions was first brought. Background Defendant is ...

Read More »

Dangerous dog’s custodian liable for veterinarian bill (access required)

Even though a dog in appellant’s custody may have begun to attack a neighbor’s dog while on appellant’s property, the circuit court correctly ruled that the dangerous dog statute’s safe harbor provision does not apply. There was sufficient evidence to ...

Read More »

Interest on reinstated punitives award runs from original judgment (access required)

Where a punitive damages jury verdict set aside by the district court is reinstated by the appellate court, the postjudgment interest on the award runs from the date of the original district court judgment. Background On Aug. 2, 2018, this ...

Read More »

Interpleader plaintiff gets less than one third of request (access required)

Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

Read More »

Ex-student can proceed anonymously against university (access required)

The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

Read More »

Parties fail to prove they have right to intervene (access required)

Parties who claimed that sensitive and confidential personal information was at risk of being exposed in a suit brought by an insurer will not be allowed to intervene as defendants. Background RLI Insurance Company and Nexus Services Inc. entered into ...

Read More »